Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Rules 1 & 2 of Order 21 are mandatory - payment made outside court - Neither certified by decree holder nor the same proved before the execution court as required by Rule 2 of Order 21 - Payment made outside the court cannot be said have been paid in satisfaction of the decree...........
Civil Procedure Code, 1908, Section 151 -- Execution Petition dismissed in default - Restoration - Execution petition can be restored by exercise of inherent powers...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution of decree for prohibitory injunction - Mode of execution is one as laid down in sub-rule (1) and not as provided under sub-rule (5)...........
Civil Procedure Code, 1908, Order 21, Rule 24 -- Death of D.H. during pendency of execution proceedings - Succession certificate is not required by legal representatives for continuation of the proceedings. (Succession Act, 1925, S. 214)...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Death of D.H. during pendency of execution proceedings - For continuation of proceedings application by legal heirs is not necessary in view of O. 22 R. 12 - Bar of limitation under Article 137 Limitation Act is not attracted. (Limitation Act, 1963, Art. 137)..........
Civil Procedure Code, 1908, Section 47 -- S.47 CPC casts a duty on the executing Court to determine all questions arising between the parties to the suit relating to the execution, discharge or satisfaction of the decree...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23(1) -- Execution - Show cause notice issued U.O. 21. R. 22 - Notice made absolute & order for execution passed U.O. 21, R. 23(1) Subsequent objection by defendant that decree was nullity is barred by res judicata...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte ejectment order - Setting aside - Tenant evaded the service of summons deliberately - Report of process server, in this respect, corroborated the statement of the landlord - Application for setting aside the exparte ejectment order filed with a view to delay the execution of the ejectment order - Order of Rent..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - During pendency of suit one G obtained a sale deed in his favour of a part of the suit property in execution of aex parte decree obtained by him against the defendant - Held, G is a necessary party - Allowed to be impleaded as a part in the suit...........
Civil Procedure Code, 1908, Order 20, Rule 11(2) -- Execution - Decreetal amount allowed to be paid in installments - no occasion for the executing Court to fix installments - Even the installments not paid - Order set aside...........